Tuesday, January 31, 2017

Preet Bharara, the United States Attorney for the Southern District of New York, and Raymond Donovan, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that four individuals charged with participating in a narcotics importation conspiracy arrived in New York from Kenya.

BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” IBRAHIM AKASHA ABDALLA, a/k/a “Ibrahim Akasha,” GULAM HUSSEIN, a/k/a “Hussein Shabakhash,” a/k/a “Hadji Hussein,” a/k/a “Old Man,” and VIJAYGIRI ANANDGIRI GOSWAMI, a/k/a “Vijay Goswami,” a/k/a “Vicky Goswami,” were arrested in Mombasa, Kenya, on November 9, 2014, pursuant to a United States request, based on charges filed in the Southern District of New York arising out of their participation in a conspiracy to import kilogram quantities of heroin and methamphetamine into the United States. On November 10, 2014, a superseding Indictment was returned also charging the defendants with narcotics importation offenses based on their delivery of 99 kilograms of heroin and two kilograms of methamphetamine in Kenya, which they intended would be imported into the United States. The four defendants will be presented and arraigned in Magistrate Court later today.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, the four defendants who arrived yesterday in New York ran a Kenyan drug trafficking organization with global ambitions. For their alleged distribution of literally tons of narcotics – heroin and methamphetamine – around the globe, including to America, they will now face justice in a New York federal court.”

DEA Special Operations Division Special Agent in Charge Raymond Donovan said: “DEA pursues the most dangerous global drug traffickers who pose a direct threat to safety and stability around the world. We are relentlessly pursuing these criminal groups and their facilitators at every level with our law enforcement partners and we value and appreciate the work of our Kenyan counterparts. It is critical that we attack these dangerous networks before they can do even more damage worldwide and threaten innocent lives.”

From in or about March 2014 through the date of their arrests, BAKTASH AKASHA, IBRAHIM AKASHA, HUSSEIN, and GOSWAMI conspired to import kilogram-quantities of heroin into the United States. During the same period, BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI conspired to import kilogram quantities of methamphetamine into the United States.

BAKTASH AKASHA is the leader of an organized crime family in Kenya (the “Akasha Organization”) responsible for the production and distribution of ton quantities of narcotics within Kenya and throughout Africa. Moreover, the Akasha Organization’s distribution network extends beyond the African continent to include the distribution of narcotics for importation into the United States. IBRAHIM AKASHA is the brother and deputy of BAKTASH AKASHA. GOSWAMI manages the Akasha Organization’s drug business, including the production and distribution of methamphetamine and the procurement and distribution of heroin. HUSSEIN – a resident of Pakistan and a long-time associate of GOSWAMI – heads a transportation network that distributes massive quantities of narcotics throughout the Middle East and Africa, and has acknowledged responsibility for transporting tons of kilograms of heroin by sea.

Over the course of several months, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the DEA. BAKTASH AKASHA, IBRAHIM AKASHA, and GOSWAMI negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the United States. At the same time, HUSSEIN agreed to transport heroin from the Akasha Organization’s supplier in the Afghanistan/Pakistan region to East Africa, so that it could be delivered to the CSes.

During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin – which he called “diamond” quality – for distribution in the United States. Thereafter, in June 2014, GOSWAMI began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the United States. In a meeting in Mombasa in September 2014, BAKTASH AKASHA introduced HUSSEIN as a narcotics transporter from Afghanistan who moves ton quantities of narcotics using ships. BAKTASH AKASHA and GOSWAMI described the supplier of heroin for their deal with the CSes, to whom they referred as “the Sultan,” as the top supplier of white heroin in the world.

In September and October 2014, IBRAHIM AKASHA personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. Thereafter, during a telephone call in October 2014 between BAKTASH AKASHA, GOSWAMI, and one of the CSes, GOSWAMI reported that 98 “chickens” had arrived, referring to 98 kilograms of heroin. GOSWAMI said that the South American drug organization would only need to pay for half of the 98 kilograms of heroin because the Akasha Organization would cover the cost of remaining kilograms. Then, in early November, IBRAHIM AKASHA personally delivered 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, IBRAHIM AKASHA also delivered another kilogram of methamphetamine.

In the course these negotiations, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the confidential sources, and agreed to provide hundreds of kilograms more of each. The defendants were arrested on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes.

BAKTASH AKASHA, 40, is a Kenyan national and a resident of Kenya. IBRAHIM AKASHA, 28, is also a Kenyan national and a resident of Kenya. HUSSEIN, 61, is a Pakistani national and a resident of Pakistan. GOSWAMI, 55, is an Indian national and a resident of Kenya. The defendants are charged with conspiring to import heroin into the United States (Count One), conspiring to import methamphetamine into the United States (Count Two), distributing heroin for unlawful importation into the United States (Count Three), and distributing methamphetamine for unlawful importation in the United States (Count Four). Each count carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.

Mr. Bharara praised the outstanding efforts of the DEA’s Special Operations Division’s Bilateral Investigations Unit. The Department of Justice’s Office of International Affairs also provided assistance in bringing the defendants to the United States to face charges. Mr. Bharara also thanked the DEA’s Nairobi Country Office, the Government of the Republic of Kenya, the Kenyan National Police Services Anti-Narcotics Unit, and members of the Kenyan DEA Formal Vetted Unit.

This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard and Emil J. Bove III are in charge of the prosecution.

The charges contained in the Indictment are merely accusations and the defendants are presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the superseding Indictment, and the description of the superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.

Preet Bharara, the United States Attorney for the Southern District of New York, announced that JOHN AFRIYIE, a former analyst at the Manhattan-based private investment fund (the “Fund”) was found guilty this afternoon in Manhattan federal court of securities fraud and wire fraud for committing insider trading. AFRIYIE made approximately $1.5 million in profits in connection with stock options he purchased based on material nonpublic information he misappropriated from the Fund about an impending acquisition of ADT Corporation (“ADT”).

Manhattan U.S. Attorney Preet Bharara said: “As a unanimous jury found today, John Afriyie, an investment fund analyst, made $1.5 million in illegal profits by trading in ADT stock, using inside information about ADT that he had obtained from the fund’s servers. To cover up his insider trading scheme, Afriyie destroyed incriminating emails and even claimed his own voice on a recorded call to his broker was actually his mother’s. The jury saw through Afriyie’s deception, and he now stands convicted of federal crimes.”

According to the Indictment other filings in Manhattan federal court and the evidence presented at trial:

In January 2016, Apollo Investment Management LLC (“Apollo”) contacted the Fund to discuss whether the Fund would provide debt financing for Apollo’s potential acquisition of ADT. The Fund entered into a non-disclosure agreement with Apollo and was granted access to confidential documents related to the ADT transaction. As an investment analyst at the Fund, AFRIYIE had access to the Fund’s network server, which maintained, among other things, electronic shared directory file folders containing material nonpublic information, including information about Apollo’s acquisition of ADT.

In violation of the Fund’s policies and in breach of his duties to the Fund, AFRIYIE repeatedly accessed material nonpublic information about Apollo’s pending acquisition of ADT in an electronic shared drive folder on the Fund’s network server. In approximately 28 separate transactions between January 28, 2016, and February 12, 2016, AFRIYIE purchased approximately 2,279 ADT call options for a total of $24,254.02 before the public announcement of that transaction. AFRIYIE purchased the ADT call options through a brokerage account in the name of AFRIYIE’s mother, which AFRIYIE controlled. AFRIYIE did not reveal his trades or the existence of the brokerage account to the Fund. As cover for his criminal scheme, AFRIYIE repeatedly pretended to be his mother in recorded telephone calls with his broker.

The public announcement of Apollo’s acquisition of ADT in February 2016 caused ADT shares to increase in value from $29.20 per share on the day AFRIYIE began purchasing ADT options to $39.64 per share, resulting in a corresponding increase in the value of the call options AFRIYIE had purchased. Upon subsequently selling the ADT options, AFRIYIE generated over $1.5 million in illicit profits.

In connection with his arrest, AFRIYIE lied to agents of the Federal Bureau of Investigation (“FBI”) about his ADT options trades and falsely claimed that his own voice on a recorded call with his broker was really his mother’s voice. Following his arrest, AFRIYIE also attempted to delete the contents of an email account that he had used to communicate with his broker.

While the guilt phase of the trial has concluded, AFRIYIE has requested a jury determination as to whether certain assets are subject to forfeiture as proceeds of the offenses for which he was found guilty. That forfeiture proceeding remains ongoing and will resume tomorrow.

AFRIYIE, 29, of Freehold, New Jersey, was convicted of one count of securities fraud and one count of wire fraud, each of which carries a statutory maximum sentence of 20 years in prison. AFRIYIE was remanded on January 23, 2016, after he refused to appear in court for trial, and he remains in custody. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

Mr. Bharara praised the investigative work of the FBI and the Office’s Criminal Investigators. He also thanked the Securities and Exchange Commission for its assistance.

The charges were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visitwww.StopFraud.gov.

“That is why my office will be filing to join the federal lawsuit against President Trump and his administration. I'm proud to partner with these organizations to fight to permanently strike down this dangerous and discriminatory order.

“I will continue to do everything in my power to not just fight this executive order, but to protect the families caught in the chaos sown by President Trump's hasty and irresponsible implementation – including pressing DHS and CBP to provide a full list of those still detained and allow them access to legal service providers.”

The lawsuit was originally filed by the American Civil Liberties Union Foundation, the Jerome N. Frank Legal Services Organization at Yale University, the Urban Justice Center, and the National Immigration Law Center.

Western Union To Pay $586 Million To Compensate Fraud Victims Nationwide Through A Related Settlement With The Department Of Justice

Attorney General Eric Schneiderman today announced a joint settlement with Colorado-based The Western Union Company, resolving a multistate investigation which focused on complaints of consumers who used Western Union’s wire transfer service to send money to third parties involved in schemes to defraud consumers. In addition to New York, all 49 states and the District of Columbia participated in this settlement.

“Criminal scam artists are adept at creating all kinds of schemes to convince consumers to wire them money,” said Attorney General Schneiderman. “I encourage New Yorkers be extra vigilant when responding to advertisements, solicitations, and phone calls, which are too often peddled by fraudsters looking to scam unsuspecting individuals out of their hard-earned money. I am pleased that today’s settlement with Western Union will institute extra protections to combat fraud moving forward.”

The settlement requires Western Union to develop and put into action a comprehensive anti-fraud program designed to help detect and prevent incidents where consumers who have been the victims of fraud use Western Union to wire money to scam artists.

That anti-fraud program, which Western Union has agreed to continuously evaluate and update as warranted, includes the following elements:

Western Union also has agreed to pay a total of $5 million to the states for the states’ costs and fees. In addition to this settlement with the states, Western Union also settled claims related to fraud-induced transfers with the Federal Trade Commission and U.S. Department of Justice, as announced on January 19, 2017. As part of those related settlements, Western Union has agreed to pay $586M to a fund that the Department of Justice will administer to provide refunds to victims of fraud induced wire transfers nationwide, including New York victims. In February 2016, New York, along with 48 other states and the District of Columbia, entered into a similar settlement with MoneyGram.

Consumers should be aware of common scams, including:

Lottery and contest scams in which consumers are told they have won a large sum of money, but must first wire money to pay required taxes or fees before receiving their winnings;

Grandparent scams in which a consumer is led to believe his or her loved one is in immediate danger and needs money right away;

Romance scams in which someone poses as a love interest and then soon begins asking consumers to send money for various reasons, such as medical emergencies, car accidents, muggings, or emergency travel;

Tax scams, including when the caller poses as an official from a government agency, such as the Internal Revenue Service, often times using an official looking phone number. The scammer will claim that a past due tax balance is owed, and tell the victim that unless the debt is paid immediately, a team of officers will come to the victim’s home that day to arrest the victim. New Yorkers should remember the IRS and legitimate government agencies never demand payment by phone;

Consumers who receive these types of solicitations from strangers should toss those letters in the trash, delete the e-mail, or hang up the phone. And consumers who meet someone online should be cautious about wiring money, particularly if a meeting in person has never taken place.

In Addition To Restitution, A.G. Settlement Requires Devry To Reform Advertising Practices And Pay $500,000 In Penalties, Fees, And Costs

Attorney General Eric T. Schneiderman today announced a settlement with for-profit education company DeVry Education Group, Inc. and its subsidiaries DeVry University, Inc. and DeVry/New York, Inc. (collectively, “DeVry”). The settlement resolves an investigation that revealed that DeVry lured students with ads that exaggerated graduates’ success in finding employment at graduation and contained inadequately substantiated claims about graduates’ salary success. Pursuant to the agreement, DeVry will pay $2.25 million in consumer restitution and $500,000 in penalties, fees and costs.

“DeVry used misleading claims to lure in students who were simply seeking a college degree, greatly exaggerating job and salary prospects for graduates” said Attorney General Schneiderman. “I’m pleased that this settlement provides much-deserved restitution to students who were misled, and requires DeVry to stop its false advertising.”

DeVry is headquartered in Illinois and operates fifty-five campuses throughout the country, including three in New York City. DeVry also offers online college programs.

Many of DeVry’s advertisements centered on a claim that 90% of DeVry graduates who are actively seeking employment obtain employment in their field of study within six months of graduation. The Attorney General’s investigation revealed that the 90% claim was misleading because a substantial number of the graduates included in the 90% figure were graduates who were already employed prior to graduating from DeVry. In fact, many of the graduates included in the 90% were employed before they even enrolled at DeVry.

In addition, DeVry’s employment outcome statistics inaccurately classified a significant number of graduates as employed in their field of study, when in reality the graduates were not working in their field. For example, DeVry counted graduates of DeVry’s Technical Management program as “employed in field” where the graduates were employed as retail salespersons, receptionists, bank tellers, and data entry workers. In some cases, graduates were counted as employed in their field of study despite holding positions that did not require a college degree.

DeVry also mischaracterized certain unsuccessful job-seekers as “inactive,” despite evidence that the graduates had in fact carried out an active, though unsuccessful, job search. Furthermore, DeVry’s 90% claim did not accurately reflect outcomes at all programs offered by DeVry. Certain programs had employment outcomes that were significantly lower than 90% over consecutive years.

DeVry also made inadequately substantiated claims in its advertisements concerning DeVry graduates’ salary outcomes. For example, some DeVry ads touted that DeVry bachelor’s degree graduates earned 15% more one year after graduation than all graduates with bachelor’s degrees from all other colleges and universities. This claim, which was based on commissioned studies carried out by a third-party entity, was inconsistent with other data DeVry had concerning graduates’ salaries.

The settlement requires DeVry to pay $2.25 million in restitution. The restitution will be used to compensate eligible graduates of associates and bachelor’s degree programs at DeVry’s New York campuses and New York residents that graduated from DeVry’s online associates and bachelor’s degree programs. The settlement also requires DeVry to pay $500,000 in penalties, fees, and costs and to reform its practices concerning representations of graduates’ employment and salary outcomes.

DeVry recently reached a separate settlement with the Federal Trade Commission (“FTC”) concerning its advertising practices. New York DeVry graduates may be eligible to receive restitution under both settlements. Restitution obtained pursuant to the Attorney General’s settlement will be distributed pursuant to a claims process. Graduates eligible to participate in the claims process will receive a claim form by mail.

DeVry graduates eligible to participate in the claims process include: (1) graduates of associates and bachelor’s degree programs at DeVry campuses in New York who began their program between July 2008 and September 2015; and (2) New York residents that graduated from DeVry online associates or bachelor’s programs and who began their program between July 2008 and September 2015. Such graduates will be eligible to receive restitution under the Attorney General’s settlement where the graduate timely submits a claim form that indicates that the graduate was not employed in her field of study within six months of graduation, despite seeking in-field employment.

Deal advance important policing reforms, including the outfitting of all patrol officers with body cameras by the end of 2019

Mayor Bill de Blasio and Patrolmen’s Benevolent Association (PBA) President Patrick Lynch today announced a tentative contract agreement covering 23,810 NYPD employees. With this settlement, the City has secured deals with each of its uniformed unions through the 2010-2017 round of bargaining. This is only the second voluntary settlement reached between the City and the PBA since 1994.

“This agreement is the result of many hours spent negotiating between the City and the PBA, once again demonstrating the power of collective bargaining,” said Mayor de Blasio. “It doesn’t matter how far apart the parties start; it matters where they end up. This agreement provides the compensation and benefits the world’s finest police department deserves, while outfitting the entire force with body cameras and delivering the transparency and policing reforms at the center of effective and trusted law enforcement.”

"With this contract settled, the country's finest police department can keep doing the great work the NYPD has long been known for - devoting all of our energy to fight crime, keeping this city safe, and continuing to build trust with the community," said Police Commissioner James P. O'Neill.

PBA President Patrick J. Lynch said, “New York City police officers are no better than anyone else, but we are different. We perform the most difficult police job anywhere in the world, and the challenges and dangers we face each day continue to grow. The agreement that we announce here today recognizes those challenges and continues to move New York City police officers towards a package of compensation and benefits that is equal to our status as the finest police officers in the nation. It has been a long and arduous process, but we are grateful that Mayor de Blasio and his team sat down with us and negotiated in good faith to achieve this agreement.”

“I am proud we were able to come together and negotiate the second voluntary agreement in 23 years,” said Office of Labor Relations Commissioner Robert Linn. “The settlement is fiscally responsible for the city and fair for officers.”

As part of today’s deal, the PBA has agreed to drop its body camera litigation against the City and the NYPD can expand the use of body cameras to the entire workforce – a huge step forward in increasing police accountability and transparency. All patrol officers will be outfitted with cameras by the end of 2019. Additionally, the PBA has agreed to withdraw and refrain from pursuing litigation related to the administration of naloxone – a lifesaving drug used by first responders as an emergency overdose treatment – and have agreed that such duties are a term and condition of employment.

The Administration recognizes that our widespread efforts to implement neighborhood community policing create a fundamental change in the work our officers do and as such, deserves compensation. As part of this settlement, effective March 15, 2017, all officers shall be entitled to a neighborhood policing differential in the amount of 2.25 percent of base salary. These increases are funded by a reduction in the salary schedule for newly hired employees – detailed further below:

First 1.5 years - $42,500

After 1.5 years - $45,000

After 2.5 years - $46,000

After 3.5 years - $47,000

After 4.5 years - $51,000

After 5.5 years - $85,292

With this this settlement, the PBA joins other uniformed unions in reaching a deal on accidental disability. The City and the PBA have agreed to jointly support State legislation that would provide three-quarter of salary in the event of disability. The pension benefit is expected to be consistent with the other uniformed unions and includes a 1 percent employee contribution. Savings from the labor agreement were used to lower the required employee contributions.

As part of the agreement, the PBA has agreed to withdraw all litigation related to the 2014 and

2016 letter agreements regarding health savings and welfare fund contributions between the City and the Municipal Labor Committee. This means that the members of the PBA are now full participants in the joint goal of attaining the $3.4 billion in health care savings that the City and the MLC agreed upon in May 2014. Savings found from their participation will help fund pay increases included in this settlement.

Fair Wages

The tentative contract agreement is consistent with the established city pattern. Wage increases will constitute 11 percent over seven years when combined with the previous two-year arbitration award reached in 2015:

August 1, 2012 – 1.0%

August 1, 2013 – 1.0%

August 1, 2014 – 1.5%

August 1, 2015 – 2.5%

August 1, 2016 – 3.0%

Affordable Costs

The cost of today’s tentative agreement over the contract period is consistent with that established with the other uniformed unions. The vast majority of these costs are covered in the labor reserve. Any incremental costs are in savings will be reflected in the labor agreement.

State Senator Jeff Klein penned a letter to acting Bronx Borough Commissioner of the Department of Transportation Nivardo Lopez calling for increased pedestrian safety measures outside of Lehman High School following a recent accident where an NYPD School Safety Agent was struck and critically injured by several cars outside of the Bronx campus. The 59-year-old victim was crossing Little League Place at East Tremont Avenue about 6 a.m. on January 24 when he was hit by a car, and then run over by two other vehicles. The accident left the city worker with severe head trauma and multiple broken bones. He was initially listed in critical condition, but has since stabilized.

“Adequate pedestrian safety measures surrounding city schools is a no-brainer. Students, staff and NYPD School Safety Agents shouldn’t have to risk their lives while walking to and from school. My thoughts and prayers are with the victim and his family of last week’s accident, and I hope for his speedy recovery. More could be done to protect the well-being of pedestrians at, and near, the accident site. I’m hopeful the DOT will consider my request and examine all possible solutions to reduce the likelihood of another tragedy like this from occurring,” said Senator Klein.

Senator Klein has asked that the DOT explore all possible options to boost pedestrian safety at that intersection, as well as the nearby stretch of East Tremont Avenue in front of Lehman High School. In the letter, Senator Klein suggests the installation of more School Zone signs and crosswalks on East Tremont Avenue. At the accident site intersection, there is only a crosswalk on Little League Place, not across East Tremont Avenue. In fact, there’s long stretch without a crosswalk on East Tremont Avenue from the school’s main entrance to Westchester Avenue.

The stretch of East Tremont Avenue in front of Lehman High School has been problematic in the past. Workers at nearby businesses recalled a recent multi-car accident where a sedan overturned in front of the campus, temporarily trapping its occupants. In addition to more signs and crosswalks, Senator Klein recommends a speed camera be placed near the school to act as an additional deterrent to reckless drivers.

Congressman Eliot Engel, Bronx Borough President Ruben Diaz Jr., State Senators Jeff Klein and Jamaal Bailey, Assembly Members Michael Benedetto and Jeffrey Dinowitz, and City Council Members Andrew Cohen and Andy King penned a letter to current United States Postmaster General Megan Brennan calling on her office to look into the ongoing issues in the borough regarding missing postal boxes, and for mobile collection units to be dispatched in affected areas until the new boxes are in place.

In an effort to combat fishing—the act of stealing people’s private mail from postal boxes—the Bronx Post Office began removing postal boxes throughout the borough in late November in order to replace them with new boxes that cannot be fished. But most of the postal boxes removed have still not been replaced several months later, and the Bronx Post Office has yet to offer a timeline for replacement or any temporary measures to help senior or disabled residents living in apartments who rely on those mail boxes to send their correspondences or pay their bills.

Full text of the letter to Postmaster Brennan can be found below:

January 26, 2017

Megan J. BrennanPostmaster General of the United States475 L'Enfant PlazaWashington, DC 20260

Dear Postmaster General Brennan:

We are writing to request your office’s assistance in resolving an ongoing postal issue affecting our constituents in the Bronx, New York. Since late November, the Bronx Post Office has been removing mailboxes all throughout the borough in order to replace them with new boxes that will prevent mail fishing. We appreciate the post office’s concern with the safety of our constituent’s mail and are pleased to see them taking a proactive approach to combatting this issue. However, most of the mailboxes that have been removed still have not been replaced, and the Bronx Post Office has either been incapable or unwilling to give us a timeline as to when these new mailboxes will be installed.

We represent a large constituency of people who are elderly and living in apartment buildings that are not easily accessible to our local post office branches. These people rely on the mailboxes on their block to pay their bills and send their correspondences. After more than 2 months of these mailboxes missing, we find it completely unacceptable that the Bronx Post Office still has not replaced them and cannot give us an answer as to when, if ever, they will all be replaced.

We would appreciate it if your office would look into this matter immediately and provide any possible assistance to help resolve the problem. The USPS should also consider dispatching mobile collection units in the affected communities as a temporary measure. Thank you for your attention to this matter.

Since the Croton FMC meeting scheduled for the evening of Monday, February 13 now conflicts with Mayor de Blasio's State of the City address, Chairman Bill Hall will propose another date for the next meeting.

Committee Announces New Whistleblower Tool to Report Abuse of Authority

WASHINGTON—Democratic Members of the House Committee on Foreign Affairs today reminded the Administration that State Department personnel who dissent from policy are protected by law and sought assurances that State Department personnel would not be subject to harassment or retribution for offering dissenting viewpoints. In a letter to the President, the Members expressed concern over comments from White House Press Secretary Sean Spicer that diplomats who disagree with Administration policy should “get with the program or they should go.”

The Members wrote, “It’s deeply troubling that your Administration isn’t interested in hearing different perspectives, especially those transmitted through the State Department’s revered Dissent Channel. The State Department’s Foreign Affairs Manual prohibits reprisal or disciplinary action against anyone who uses the Dissent Channel. We are requesting your assurances that State Department personnel will not be subject to harassment or retribution if they take advantage of the Dissent Channel or offer policy advice that doesn’t align with White House policy decisions.”

All Democratic Members of the Foreign Affairs Committee signed the letter, the full text of which follows and can be found here:

The President

The White House

Washington, DC 20500

Dear Mr. President:

Yesterday, from the White House podium, your spokesperson, Sean Spicer, announced that State Department employees who offer dissent to your executive order on immigration and refugees should “get with the program or they should go.” We are alarmed by Mr. Spicer’s apparent lack of knowledge about the way foreign policy is made in the United States.

We would like you to know that during the Administration of President Nixon, the State Department established a formal mechanism to allow personnel to express dissent from Administration policy. According to the State Department, “the Dissent Channel was created to allow its users the opportunity to bring dissenting or alternative views on substantive foreign policy issues, when such views cannot be communicated in a full and timely manner through regular operating channels or procedures.” For decades, the Dissent Channel has offered our diplomats the ability in critical circumstances to express concerns and warnings contrary to Administration policies. Notable examples have included dissents from policies toward Vietnam and Syria.

So it’s deeply troubling that your Administration isn’t interested in hearing different perspectives, especially those transmitted through the State Department’s revered Dissent Channel. The State Department’s Foreign Affairs Manual prohibits reprisal or disciplinary action against anyone who uses the Dissent Channel. We are requesting your assurances that State Department personnel will not be subject to harassment or retribution if they take advantage of the Dissent Channel or offer policy advice that doesn’t align with White House policy decisions.

Please reply as soon as possible confirming that your Administration will respect the law (P.L. 96-465) governing the State Department and the treatment of its personnel.

Monday, January 30, 2017

Preet Bharara, the United States Attorney for the Southern District of New York, announced that LAQUAN PARRISH, a/k/a “MadDog,” a/k/a “Quanzaa,” pled guilty today to racketeering and firearms charges in connection with his leadership of the “2Fly YGz” (“2Fly”) gang, a violent street gang that operated in and around the Eastchester Gardens public housing development (“ECG”) in the Bronx.As part of his guilty plea, PARRISH admitted his involvement in a shootout with rival gang members on August 7, 2012, during which three victims – including a 14-year-old girl caught in the crossfire – were shot in a Bronx park. PARRISHfaces a maximum term of life in prison, and will be sentenced beforeUnited States District Judge Lewis A. Kaplan on May 10, 2017, at 3:00 p.m.

U.S. Attorney Preet Bharara said: “For far too long, Laquan Parrish and his cohorts with the 2Fly street gang terrorized the Bronx with violence, robberies, and drug dealing. Today’s guilty plea by one of 2Fly’s leaders, Laquan Parrish, to federal firearms and racketeering charges, including an admission to a shootout in which a 14-year old girl and two others were shot in a Bronx park, makes the community around Eastchester Gardens safer. That is why we bring these cases – to make our neighborhoods free from gang violence and drugs – and that is what today’s plea helped achieve.”

According to the Indictment and other documents filed in the case, as well as statements made during the plea proceedings:

PARRISH was a leader of 2Fly, a subset of the “Young Gunnaz,” or “YGz” street gang, which operates throughout New York City. 2Fly is based in the Bronx, within and around ECG and in an area called the “Valley” or the “V,” which is in the vicinity of Gun Hill Road. ECG is a rectangular complex of residential buildings bordered by Burke, Adee, Yates, and Bouck Avenues, in the middle of which is a playground. The gang war between 2Fly and rival street gangs has led to an enormous amount of fatal and non-fatal violence between 2007 and 2016 in the Northern Bronx, including shootings, stabbings, slashings, beatings, and robberies. Members and associates of 2Fly controlled the narcotics trade at ECG, which took place in the open air at the playground and in apartments at ECG. 2Fly primarily sold marijuana and crack cocaine, but also sold powder cocaine and prescription pills, such as oxycodone. 2Fly members and associates stored guns at the playground or in nearby apartments or cars in order to protect the narcotics business and for protection against rival gangs.

As part of his involvement in 2Fly, PARRISH participated with other 2Fly members in a shootout with rival gang members on August 7, 2012, in a public park in the Bronx. Three victims were shot, including a 14-year-old girl caught in the crossfire.

PARRISH was arrested in this case as a result of a multi-year investigation by the New York City Police Department’s Bronx Gang Squad (the “Bronx Gang Squad”), U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Violent Gang Unit (“HSI”), the New York Field Division of the Drug Enforcement Administration (“DEA”), and the Joint Firearms Task Force of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) into gang violence in the Northern Bronx. On April 27, 2016, the Indictment was unsealed, charging 57 members and associates of 2Fly with racketeering conspiracy, narcotics conspiracy, narcotics distribution, and/or firearms charges. To date, 42 of these defendants have pled guilty.

PARRISH, 27, of the Bronx, New York, was brought from state custody into federal custody on April 27, 2016. PARRISH pled guilty today to one count of racketeering conspiracy, which carries a maximum sentence of life in prison, and one count of firearms possession, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of life in prison. The mandatory minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as the defendant’s sentence will be determined by the judge.

Mr. Bharara praised the outstanding work of the NYPD’s Bronx Gang Squad, HSI, DEA, and ATF.

“Once again, we have shown that terrorists and terrorist enablers can be brought to justice fairly, openly, and swiftly in the crown jewel of our justice system -- civilian courts. Today, a jury in federal court in Manhattan convicted Ahmed Mohammed El Gammal of material support of terrorism. To grow their brand of hate-filled violence and radicalization, terrorist organizations like ISIS need facilitators and promoters around the world. And the jury found today that Ahmed Mohammed El Gammal was one such terrorist facilitator. An Ambassador for ISIS right here in America, El Gammal actively touted and glamorized ISIS online, ultimately recruiting and helping a New York college student travel to an ISIS camp in Syria for military training. That New Yorker died waging jihad, and for El Gammal’s active role in sending him down that trail to terror, he now stands convicted of federal terrorism crimes.”

Ahmed Mohammed El Gammal Helped Samy El-Goarany Travel from New York City to Syria, where El-Goarany Joined, Trained with, and Died Fighting for ISIS

Preet Bharara, the United States Attorney for the Southern District of New York, announced that AHMED MOHAMMED EL GAMMAL, a resident of Arizona, was convicted today of multiple terrorism offenses in connection with his efforts to help Samy El-Goarany join and train with the Islamic State of Iraq and the Levant, a/k/a the Islamic State of Iraq and al-Sham, a/k/a the Islamic State of Iraq and Syria (“ISIS”), a designated foreign terrorist organization. EL GAMMAL was convicted of providing and conspiring to provide material support to ISIS, aiding and abetting the receipt of military-type training from ISIS, and conspiring to receive such training. EL GAMMAL was convicted following a three-week jury trial presided over by U.S. District Judge Edgardo Ramos.

U.S. Attorney Preet Bharara said: “Once again, we have shown that terrorists and terrorist enablers can be brought to justice fairly, openly, and swiftly in the crown jewel of our justice system – civilian courts. Today, a jury in federal court in Manhattan convicted Ahmed Mohammed El Gammal of material support of terrorism. To grow their brand of hate-filled violence and radicalization, terrorist organizations like ISIS need facilitators and promoters around the world. And the jury found today that Ahmed Mohammed El Gammal was one such terrorist facilitator. An Ambassador for ISIS right here in America, El Gammal actively touted and glamorized ISIS online, ultimately recruiting and helping a New York college student travel to an ISIS camp in Syria for military training. That New Yorker died waging jihad, and for El Gammal’s active role in sending him down that trail to terror, he now stands convicted of federal terrorism crimes.”

According to documents publicly filed in this case and evidence presented at trial:

Beginning in at least April 2014, EL GAMMAL was an outspoken supporter on social media of ISIS and ISIS’s Caliphate, or Islamic government, in Syria. Among other things, EL GAMMAL announced that he was with “[t]he State of Iraq and the Levant,” referring to ISIS; celebrated ISIS’s achievements in battle and announcement of the establishment of a Caliphate; proclaimed that he “support[s] jihad everywhere”; and declared that “[b]eheadings have a magical effect.” EL GAMMAL additionally announced that “[i]f Daesh [i.e., ISIS] gets to Egypt, I will go join them, so I can torture the Egyptians, and whip them.”

As of at least August 2014, a 24-year-old New York City resident named Samy El-Goarany began to express his support for ISIS on social media as well. On August 14, 2014, El-Goarany heard that EL GAMMAL had made comments supportive of ISIS. Minutes later, El-Goarany contacted EL GAMMAL and they communicated via an encrypted communications platform. Less than an hour after this online conversation, EL GAMMAL sent El-Goarany a documentary on life in the Islamic State that outlined the type of training ISIS provides. Over the next several months, EL GAMMAL and El-Goarany continued corresponding over the Internet, although EL GAMMAL and El-Goarany deleted almost all of these exchanges.

In the midst of these communications, in October 2014, EL GAMMAL traveled to New York City, where El-Goarany was enrolled in college, and met with El-Goarany. During this October 2014 trip, EL GAMMAL provided El-Goarany with the phone number for EL GAMMAL’s contact in Turkey, Ateia Aboualala, who would be responsible for helping El-Goarany travel from Turkey across the border to ISIS in Syria. While in New York City, EL GAMMAL also contacted Aboualala in Turkey regarding El-Goarany’s plans to travel. EL GAMMAL later provided El-Goarany with social media contact information for Aboualala. Thereafter, in a coded conversation, EL GAMMAL assured Aboualala that he had vetted El-Goarany and El-Goarany could be trusted.

In late January 2015, El-Goarany left New York City for Istanbul, Turkey. Upon arriving in Turkey, El-Goarany immediately reached out to Aboualala. While El-Goarany was in Turkey, EL GAMMAL continued to communicate with El-Goarany over the Internet, providing advice on traveling toward Syria and on meeting with Aboualala. After arriving in Syria, El-Goarany received religious training and advanced military-type training from ISIS throughout 2015. On May 7, 2015, in the midst of his training with ISIS, El-Goarany reported to EL GAMMAL that “everything [was] going according to plan.” A few months later, on July 16, 2015, El-Goarany wrote to EL GAMMAL: “Life has changed a lot for me at this new job but I love it and I don’t regret taking up the offer,” and “May God reward you with goodness,” to which EL GAMMAL responded, “Great.”

In May 2015, El-Goarany’s father traveled to Turkey and met with Aboualala, in an attempt to locate his son. Upon learning of this, EL GAMMAL instructed Aboualala, “Don’t ever ever mention me. Not even my name[,]” and urged Aboualala not to meet with El-Goarany’s father. On May 5, 2015, Aboualala reported back to EL GAMMAL, assuring EL GAMMAL that, when Aboualala met up with El-Goarany’s father, “I covered up for you.”

In coded messages in mid-2015, EL GAMMAL reached out to El-Goarany to inquire about the possibility of his (EL GAMMAL’s) traveling to ISIS in Syria. On July 13, 2015, El-Goarany, again in a coded message, responded that he needed to ask his “supervisors at work first,” but commented that “it’s risky because the parking lot these days is going under a lot of renovation, especially in the north side,” alluding to military operations occurring in northern Syria at the time.

On November 23, 2015, El-Goarany’s brother received a message from a member of ISIS with an attached letter from El-Goarany. The letter read: “if you’re reading this then know that I’ve been killed in battle and am now with our Lord, inshaAllah. Remember what I told you . . . we will win this war one day, this war between Iman (Belief) and Kufr (Disbelief) between Good and Evil. . . .”

EL GAMMAL, 44, of Avondale, Arizona, was convicted of one count of providing material support to a designated foreign terrorist organization and one count of conspiring to provide material support to a designated foreign terrorist organization, each of which carries a maximum sentence of 20 years in prison; one count of receiving military-type training from a designated foreign terrorist organization, which carries a mandatory sentence of 10 years in prison or a fine; and one count of conspiring to receive military-type training from a designated foreign terrorist organization, which carries a maximum sentence of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by Judge Ramos. A sentencing date has not yet been set.

Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation’s (“FBI”) New York Joint Terrorism Task Force – which principally consists of agents from the FBI and detectives from the New York City Police Department. Mr. Bharara also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, the U.S. Attorney’s Office for the District of Arizona, and the Phoenix Field Office of the FBI for their assistance.